Massachusetts District Court Criminal Defense Manual
Comprehensive and up-to-date guidance and practical advice for the constantly changing area of landlord-tenant law.
- Product Number: 2236483WCH
- Publication Date: 10/30/2023
- Edition: 6th Edition 2023
- Copyright: © 2023 MCLE, Inc.
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Product Description
Product Description
Landlord and tenant law in Massachusetts comprises a myriad of statutes, regulations, and common law provisions. This book guides you through each stage of the landlord-tenant relationship, from the creation of a tenancy to its termination and posttermination issues, providing sample documents and pleadings for guidance. Featured are judicial and ethics commentary as well as tips for effective practice. The manual is full of the information you need to understand the complexities of real estate lease agreements and to represent both lessors and lessees in residential and commercial relationships.
Recent updates:
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Update: August 2022
Dear Subscriber:
Thank you for updating your reference library with the 2022 edition of Residential and Commercial Landlord-Tenant Practice in Massachusetts . This edition brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.
There have been a number of important developments in the two years that have passed since this publication was last updated. Highlights from the 2022 edition include
- reliance on the Violence Against Women Act as a defense to eviction;
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a substantially revised discussion of reasonable accommodations in housing, including
- the relative burdens on the tenant to make a reasonable accommodation request and the defendant to show, where applicable, that compliance with the request would impose an "undue burden" or result in a "fundamental alteration" of its program;
- the interaction of reasonable accommodation requests with safety concerns and with participation in housing subsidy programs; and
- the use of personal care attendants or live-in aides for persons with disabilities;
- vicarious liability for discriminatory housing practices;
- the Centers for Disease Control's reduction of the "reference value" used to identify individuals with lead exposure;
- lead poisoning liability under Chapter 93A and general negligence principles;
- a recent Supreme Judicial Court decision finding that an owner renting a house for a weekend had no duty of care to third parties where the renter had sole and exclusive possession of the home;
- discontinuation of the "substantial factor" test and adoption of the traditional "but for" standard for determining causation in most tort cases;
- guidance on eviction practices under court protocols adopted in response to the COVID-19 pandemic;
- a statutory amendment providing that minors are not to be named in summary process complaints;
- a finding that the court has equitable authority to require that tenants make interim use and occupancy payments during a summary process eviction trial;
- recent Housing Court cases on standing;
- numerous recent cases on postforeclosure eviction along with related statutory and judicial developments; and
- an overview of Housing Court changes relating to the COVID-19 pandemic.
With this latest edition, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant matter in Massachusetts. We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: August 2022
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Table of Contents
Table of Contents
expand allChapter 01 expandRole of the Bar Advocate
Buy ChapterChapter 02 expandCriminal Practice in the Massachusetts District Courts
Buy ChapterExhibit 2A
- Chief Justice Dawley Memorandum Regarding an Act Relative to Criminal Justice Reform Buy FormExhibit 2B
- Motion to Dismiss Criminal Complaint Against Defendant Buy FormExhibit 2C
- Affidavit in Support of Motion to Dismiss Criminal Complaint Against Defendant Buy FormExhibit 2D
- Motion to Dismiss or to Remand for a Show Cause Hearing Buy FormExhibit 2E
- Affidavit in Support of Motion to Dismiss or to Remand for a Show Cause Hearing Buy FormExhibit 2F
- Motion to Dismiss Count I of Complaint Against Defendant for Lack of Probable Cause Buy FormExhibit 2G
- Affidavit in Support of Motion to Dismiss Count I of Complaint Against Defendant for Lack of Probable Cause Buy FormExhibit 2H
- Memorandum of Law in Support of Motion to Dismiss for Lack of Probable Cause Buy FormChapter 03 expandBuilding a Relationship with Your Client
Buy ChapterExhibit 3A
- Sample Client Interview Related to Medical Transition Buy FormChapter 04 expandDeveloping the Theory of the Case
Buy ChapterChapter 05 expandCommon Defenses
Buy ChapterChapter 06 expandEthics in Criminal Defense Practice
Buy ChapterExhibit 6A
- Resources Related to Ethics in Criminal Defense Practice Buy FormChapter 07 expandArraignment and Bail
Buy ChapterChapter 08 expandDetention Hearings
Buy ChapterChecklist 8.1
- Checklist for a Section 58A Hearing in the District Court Buy FormExhibit 8A
- Dangerousness Hearings Quick Reference Sheet (Created by Attorney Benjamin Selman) Buy FormExhibit 8B
- Motion for Notice Prior to G.L. c. 276, § 58A Hearing Buy FormExhibit 8C
- Motion for Leave to Summons Alleged Victim/Family Member of the Alleged Victim for Section 58A Hearing Buy FormChapter 09 expandMental Health Considerations at Arraignment and Beyond
Buy ChapterExhibit 9A
- Motion for Funds for Independent Examination by a Clinician Buy FormExhibit 9B
- Motion to Dismiss in the Interest of Justice Buy FormExhibit 9C
- Motion to Dismiss in the Interest of Justice (An Intellectual Disability or Other Organic Brain Impairment) Buy FormExhibit 9D
- Motion to Purge Competency Report of Certain Information Buy FormChapter 10 expandPretrial Conferences, Pretrial Hearings, and Discovery Motion Practice
Buy ChapterExhibit 10A
- Motion for Disclosure of Prior and Subsequent Bad Acts Buy FormExhibit 10AA
- Affidavit of Indigency in Support of Motion for Funds Buy FormExhibit 10B
- Motion for Bill of Particulars Buy FormExhibit 10BB
- Motion for List of Persons Present Buy FormExhibit 10C
- Defendant’s Motion for Body Wire and Tape-Recording Evidence Buy FormExhibit 10CC
- Motion for Disclosure of Precise Location of Seized Evidence Buy FormExhibit 10D
- Motion for Disclosure of Booking Sheet Buy FormExhibit 10DD
- Motion for Disclosure and Production of Medical Records of Complaining Witness Buy FormExhibit 10E
- Motion for Breath-Testing Device and Operator Information Buy FormExhibit 10EE
- Motion for Nonsuggestive Identification Procedure Buy FormExhibit 10F
- Motion for Disclosure of Chain of Custody Buy FormExhibit 10FF
- Defendant’s Motion for Discovery (OUI Case) Buy FormExhibit 10G
- Motion for Funds for Chemist Buy FormExhibit 10GG
- Motion for the Commonwealth to Preserve Evidence Buy FormExhibit 10H
- Motion for Exculpatory Evidence: Details of Interviews with Complainant Buy FormExhibit 10HH
- Motion for Exculpatory Evidence (Prior Complaint(s) of Sexual Assault) Buy FormExhibit 10I
- Motion for Composite Drawing Buy FormExhibit 10II
- Motion for Exculpatory Evidence (Prior Complaint(s) of Sexual Abuse—Child) Buy FormExhibit 10J
- Motion for Appointment of Court Reporter Buy FormExhibit 10JJ
- Motion for Funds for Psychiatric Evaluation Buy FormExhibit 10K
- Motion for Voir Dire Regarding Identification Procedures Buy FormExhibit 10KK
- Motion for Psychiatric History of Complaining Witness Buy FormExhibit 10L
- Motion for Discovery of Drug Analysis Buy FormExhibit 10LL
- Motion for Discovery Regarding Roadblock Buy FormExhibit 10M
- Motion for Production of Department of Children and Families Records Buy FormExhibit 10MM
- Motion for Production of School Records of Complaining Witness Buy FormExhibit 10N
- Motion for Notice of Expert Testimony Buy FormExhibit 10NN
- Motion for Disclosure of Informant Statements Buy FormExhibit 10O
- Motion for Production of Eye Examiner Buy FormExhibit 10OO
- Motion for Disclosure of Surveillance Location Buy FormExhibit 10P
- Motion for Discovery of Fingerprint Evidence Buy FormExhibit 10PP
- Motion for Production of Video Recording Buy FormExhibit 10Q
- Motion for Funds for Fingerprint Expert Buy FormExhibit 10QQ
- Motion to Preserve Video Recording (OUI Case) Buy FormExhibit 10R
- Motion for Statements of Complaining Witness Buy FormExhibit 10S
- Motion for Defendant to Remain Out of View During Eyewitness Testimony Buy FormExhibit 10T
- Motion for Disclosure of Identification Procedures Buy FormExhibit 10U
- Motion to Impound Records Buy FormExhibit 10V
- Motion for Disclosure of Informant Buy FormExhibit 10W
- Memorandum of Law in Support of Motion for Disclosure of Informant Buy FormExhibit 10X
- Motion for Disclosure of Informant Regulations Buy FormExhibit 10Y
- Motion for Funds for Interpreter Buy FormExhibit 10Z
- Motion for Funds for Investigator Buy FormChapter 11 expandSubstantive Motion Practice
Buy ChapterExhibit 11A
- Motion to Suppress Evidence Obtained from Warrantless Search Buy FormExhibit 11B
- Affidavit in Support of Motion to Suppress Evidence Obtained from Warrantless Search Buy FormExhibit 11C
- Posthearing Memorandum in Support of Motion to Suppress Evidence Obtained from Warrantless Search Buy FormExhibit 11D
- Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy FormExhibit 11E
- Counsel’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy FormExhibit 11F
- Defendant’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy FormExhibit 11G
- Memorandum in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant (No Probable Cause) Buy FormExhibit 11H
- Memorandum in Support of Motion to Suppress Evidence (Search Warrant Based on Informant Information) Buy FormExhibit 11I
- Memorandum in Support of Motion to Suppress Evidence (Search Beyond the Scope of the Warrant) Buy FormExhibit 11J
- Motion to Suppress: Franks Hearing Buy FormExhibit 11K
- Affidavit in Support of Motion to Suppress: Franks Hearing Buy FormExhibit 11L
- Memorandum in Support of Motion to Suppress: Franks Hearing Buy FormExhibit 11M
- Motion to Suppress Evidence: Amral Hearing Buy FormExhibit 11N
- Affidavit in Support of Motion to Suppress Evidence: Amral Hearing Buy FormExhibit 11O
- Motion to Suppress Statements Buy FormExhibit 11P
- Affidavit in Support of Motion to Suppress Statements Buy FormExhibit 11Q
- Counsel’s Affidavit in Support of Motion to Suppress Statements Buy FormExhibit 11R
- Memorandum in Support of Motion to Suppress Statements Buy FormExhibit 11S
- Defendant’s Motion to Suppress Identification Buy FormExhibit 11T
- Affidavit in Support of Defendant’s Motion to Suppress Identification Buy FormExhibit 11U
- Memorandum in Support of Defendant’s Motion to Suppress Identification Buy FormExhibit 11V
- Defendant’s Motion to Sever Buy FormExhibit 11W
- Defendant’s Motion to Dismiss Firearm Charge Pursuant to Bruen and the Second Amendment Buy FormExhibit 11X
- Defendant’s Motion to Dismiss in the Interests of Justice Buy FormChapter 12 expandInterlocutory Remedies: Review Before Direct Appeal
Buy ChapterExhibit 12A
- Petition for Extraordinary Relief Buy FormExhibit 12B
- Affidavit in Support of Petition for Extraordinary Relief Buy FormExhibit 12C
- Notice of Appeal for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence Buy FormExhibit 12D
- Petition for Interlocutory Appeal and Stay of Proceedings in the Trial Court Buy FormExhibit 12E
- Affidavit of Counsel in Support of Application for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence Buy FormExhibit 12F
- Motion for Waiver of Entry Fee Buy FormExhibit 12G
- Affidavit in Support of Motion to Waive Entry Fee Buy FormExhibit 12H
- Affidavit of Indigency and Supplement to Affidavit of Indigency Buy FormExhibit 12I
- Memorandum of Law in Support of Application for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence Buy FormExhibit 12J
- Certificate of Service for Application for Interlocutory Appeal Buy FormExhibit 12K
- Motion to Waive Entry Fee (Appeals Court) Buy FormExhibit 12L
- Memorandum of Law in Support of Petition for Extraordinary Relief Buy FormExhibit 12M
- Motion for Stay of Execution of Sentence Pending Appeal Buy FormExhibit 12N
- Affidavit in Support of Motion for Stay of Execution of Sentence Pending Appeal Buy FormExhibit 12O
- Memorandum in Support of Motion for Stay of Execution of Sentence Pending Appeal Buy FormChapter 13 expandUse of Experts
Buy ChapterChecklist 13.1
- Use of Experts Buy FormExhibit 13A
- Motion for Discovery of Prospective Expert Testimony, Physical Evidence, Medical Evidence, and Scientific and Forensic Tests Buy FormExhibit 13B
- Sample DNA Discovery Motions Buy FormExhibit 13C
- Motion for Expenses for Services of an Expert or Investigator Buy FormExhibit 13D
- Affidavit in Support of Motion for Expenses for Services for Expert or Investigator Buy FormExhibit 13E
- Affidavit of Indigency and Request for Waiver, Substitution, or State Payment of Fees and Costs Buy FormExhibit 13F
- Affidavit of Indigency in Support of Motion for Funds Buy FormExhibit 13G
- Motion for Submission of Ex Parte Affidavit in Support of the Defendant’s Motion for Expenses and Affidavit in Support Buy FormExhibit 13H
- Memorandum in Support of the Defendant’s Request to Submit an Ex Parte Affidavit in Support of the Defendant’s Motion for Expenses Buy FormExhibit 13I
- Notice of Appeal of Denial of Defendant’s Motion for Expenses Buy FormExhibit 13J
- Affidavit in Support of Defendant’s Appeal Buy FormExhibit 17A
- Notice of Appeal Pursuant to Rule 3 of the Massachusetts Rules of Appellate Procedure Buy FormExhibit 17B
- Defendant’s Motion for Leave to File Late Notice of Appeal Buy FormExhibit 17C
- Affidavit of Counsel in Support of Motion for Leave to File Late Notice of Appeal Buy FormChapter 14 expandTrial Evidence
Buy ChapterChapter 15 expandTrial Advocacy
Buy ChapterChecklist 15.1
- Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial Buy FormChapter 16 expandPlea Negotiations and Sentencing
Buy ChapterChapter 17 expandPostconviction Concerns
Buy ChapterExhibit 17D
- Order Granting Leave to File Late Notice of Appeal Buy FormExhibit 17E
- Defendant’s Motion for Approval of Late Filed Notice of Appeal and Petition Pursuant to G.L. c. 211, § 3 Buy FormExhibit 17F
- Memorandum in Support of Petition Pursuant to G.L. c. 211, § 3 Buy FormExhibit 17G
- Memorandum of Decision on Defendant’s Petition Pursuant to G.L. c. 211, § 3 Buy FormExhibit 17H
- Request for Transcript Buy FormExhibit 17I
- Motion for Stay of Execution of Sentence Pending Appeal and for Order to Stenographer to Produce Transcript Forthwith Buy FormExhibit 17J
- Motion for a Stay of Sentence or, in the Alternative, for Bail Pending Appeal Buy FormExhibit 17K
- Memorandum in Support of Motion for Stay of Execution of Sentence Buy FormExhibit 17L
- Affidavit in Support of Motion for Stay of Execution of Sentence Buy FormExhibit 17M
- Defendant’s Renewed Motion for Required Finding of Not Guilty or, Alternatively, for New Trial Buy FormExhibit 17N
- Motion to Revise and Revoke Defendant’s Sentence Buy FormExhibit 17O
- Affidavit in Support of Motion to Revise and Revoke Defendant’s Sentence Buy FormChapter 18 expandProbation
Buy ChapterExhibit 18A
- Motion for Order Permitting Access to Probation Records Buy FormExhibit 18B
- Affidavit in Support of Motion for Order Permitting Access to Probation Records Buy FormExhibit 18C
- Consent for the Release of Confidential Information Buy FormExhibit 18D
- Probationer’s Motion to Exclude Hearsay Statement Buy FormExhibit 18E
- Potential Money Assessments Buy Form - Editors & Authors